Author: Kent Scheidegger

Notice, Comment, and Exhaustion

by · Dec 20, 2021 4:04 pm

In recent years, CJLF has been involved in a number of civil cases, some of which involve administrative law.* In administrative law, there is generally a requirement to exhaust administrative remedies before turning to the courts. There are also requirements in various laws for hearings and public comment before adopting certain measures.

Is a party who does not comment on a proposal forever banned from filing a lawsuit challenging its legality? We have been hit with that argument a couple of times. For one particular kind of hearing/comment law, the California Supreme Court has said no. The case of Hill RHF Housing Partners, L.P. v. City of Los Angeles, S263734 involves business improvement districts. “The opportunity to comment on a proposed BID does not involve the sort of ‘clearly defined machinery for the submission, evaluation and resolution of complaints by aggrieved parties’ [citation]  that has allowed us to infer an exhaustion requirement in other contexts.” I think that is correct. Continue reading . . .

SF Mayor Recovers from Pandemic Wokevid Virus

by · Dec 17, 2021 2:52 pm

Two pandemics swept through America last year and lasted into this year. One, of course, was the virus that causes Covid-19. The other was the Wokevid virus.

Symptoms of Wokevid include (1) believing oneself to be “woke” while actually oblivious to reality and unable to speak correct English; and (2) bizarre delusional beliefs that defy logic, evidence, and common sense. These delusions include beliefs that reduced police presence and minimal punishment of criminals will somehow reduce crime instead of increasing it.

San Francisco Mayor London Breed showed unmistakable symptoms of Wokevid infection last year when she cut $120 million from law enforcement budgets. See this story from KGO. However, this speech Wednesday demonstrates a seemingly complete recovery. Continue reading . . .

Crime and President Biden

by · Dec 15, 2021 11:34 am

The ABC News / Ipsos poll finds that a strong majority of Americans disapprove of President Biden’s handling of crime, 36-61.

But does the President have much to do with crime, really? Isn’t it mostly a state and local matter? Well, it’s complicated. Continue reading . . .

Crime could become hot issue in 2022

by · Nov 29, 2021 10:41 am

Veteran California political commentator Dan Walters has this column at CalMatters with the above title. The summary reads, “Political reaction to a spate of smash-and-grab retail thefts indicates that crime could be a hot button issue in next year’s California elections.” Walters notes:

“The current governor, Gavin Newsom, has largely continued [previous Governor Jerry] Brown’s [soft] policies, unilaterally suspending the execution of murderers and proposing to shut down some prisons. It was a bit odd, therefore, to see Newsom publicly denounce lawbreakers last week after a series of smash-and-grab raids on high-end retail outlets in the San Francisco Bay Area and Southern California.”

In the home stretch, Walters has opened up a lead for understatement of the year 2021. A bit odd? Continue reading . . .

The Ahmaud Arbery Verdicts and the Felony-Murder Rule

by · Nov 24, 2021 2:11 pm

The felony-murder rule, in effect in some form in most states, is the controversial rule that if a person is killed during the commission of certain felonies, all parties to the felony are guilty of murder of that person. The rule can be harsh in some applications, and I agree that some judicious pruning is in order in many jurisdictions, but many critics want to get rid of it altogether.

Here is the WSJ’s report of the today’s verdicts in the Ahmaud Arbery case:

Travis McMichael, 35, chased Mr. Arbery with his father, Gregory McMichael, 65, and William “Roddie” Bryan Jr., 52, in two pickup trucks on Feb. 23, 2020. Travis McMichael shot Mr. Arbery three times with a 12-gauge shotgun, killing him.

Travis McMichael was found guilty on all counts, including one count of malice murder and four counts of felony murder. Gregory McMichael was found guilty of four counts of felony murder and acquitted on a charge of malice murder. Mr. Bryan was convicted on three counts of felony murder and acquitted on malice murder and an additional felony murder charge.

Two of the three would have been acquitted of murder, and convicted only of non-homicide offenses, if Georgia did not have the felony-murder rule. Continue reading . . .